[HISTORY: Adopted by the Borough Council of the Borough of
Ligonier 10-7-2013 by Ord. No. 557. Amendments noted where applicable.]
The purpose of this chapter is to preserve and protect private
and public property from the damaging spread of certain running bamboo
grasses, protect indigenous plant materials from the invasive spread
of running bamboo, and maintain the general welfare of the residents
of the Borough of Ligonier.
A.
BAMBOO
BAMBOO OWNER
(1)
(2)
(3)
BOROUGH
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any monopodial (running) tropical or semitropical grasses
from the genera Bambusa, including, but not limited to, Bambusa, Phyllostachys,
and Pseudosasa as well as Common Bamboo, Golden Bamboo and Arrow Bamboo.
Any property owner or resident who has planted and/or grows
bamboo, or who maintains bamboo on the property, or who permits bamboo
to grow or remain on the property even if the bamboo has spread from
an adjoining property. Any property owner or resident at which bamboo
is found on the property will be considered a bamboo owner, except
any property owner or resident who:
Did not plant or grow or cause bamboo to be planted or grown
on his property; and
Has provided satisfactory proof to the Borough that, within
a reasonable period of time after discovering the encroachment of
bamboo onto the property from an adjoining or neighboring property,
he advised the owner of such property of his objection to the encroachment
of the bamboo; and
Has initiated steps for the removal of the bamboo from the property,
including remedies at law.
The Borough of Ligonier of the County of Westmoreland and
Commonwealth of Pennsylvania.
B.
Applicability. For purposes of this chapter, bamboo found growing
upon a property shall constitute presumptive evidence that the bamboo
was planted and/or grown by and/or with the consent of the bamboo
owner.
C.
Prohibition. Upon the effective date of this chapter, the planting
or growing of bamboo shall be prohibited within the Borough. Any person
who thereafter plants or grows, or causes to be planted or grown,
bamboo within the Borough shall be deemed to be in violation of this
chapter, and shall be subject to such penalties as are set forth hereunder.
D.
Regulation. Any bamboo that has been planted or otherwise permitted
to grow on any property within the Borough prior to the effective
date of this chapter may remain on such property subject to compliance
with this chapter.
(1)
Bamboo shall not be planted, maintained or otherwise be permitted
to exist within 40 feet of the edge of the pavement or traveled portion
of any public roadway in the Borough; and
(2)
Any bamboo owner whose property contains bamboo shall remove and
abate the growth of the bamboo within 40 feet of the edge of the pavement
or traveled portion of a public road in the Borough; and
(3)
Each bamboo owner shall be responsible to ensure that the bamboo
planted or growing on the property prior to the effective date of
this chapter does not encroach or grow upon any adjoining or neighboring
property or properties, including all public property and Borough
rights-of-way; and
(4)
Each bamboo owner shall be required to take such measures as are
reasonably expected to prevent such bamboo from invading or growing
onto adjoining or neighboring properties. Such measures shall include,
but not be limited to, installation of sheathing comprised of metal
or other material impenetrable by bamboo at a sufficient depth within
the property line or lines where the running bamboo is planted or
is growing to prevent the growth or encroachment upon adjoining or
neighboring property by the bamboo.
E.
Removal.
(1)
In the event that bamboo growing on a bamboo owner's property
invades or grows on an adjoining or neighboring property that is owned
or held on behalf of the Borough, the Borough shall notify the bamboo
owner in writing that the bamboo has invaded the Borough property
and that the bamboo owner is responsible for the removal of such running
bamboo from the Borough property. This notice shall be sent by certified
mail, return receipt requested, and by regular mail to the latest
address of the bamboo owner on file with the Borough, and a copy of
the notice shall also be posted at the bamboo owner's property.
(2)
In the event that the bamboo owner does not remove or contract for
the removal of the bamboo from the Borough property, or does not make
an arrangement with the Borough for removal of such bamboo within
30 days from the date the Borough first provided notice pursuant to
the above, the Borough, at its discretion, may remove or arrange for
the removal of such bamboo from the Borough property. The bamboo owner
shall be liable and responsible to the Borough for all costs incurred
in removing the bamboo from the Borough property. Such costs may be
assessed against the property of the bamboo owner.
F.
Replanting prohibited. Any bamboo either planted or caused to be
planted or existing on a property prior to the effective date of this
chapter may not be replanted or replaced in kind once such running
bamboo is or has become, for any reason, dead, destroyed, uprooted
or otherwise removed.
Any person, firm or corporation violating any of the provisions
of this chapter shall, in addition to the other charges hereinbefore
provided for each offense, upon summary conviction before any Magisterial
District Justice, pay a fine not exceeding $1,000 per violation and
costs of prosecution, together with reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings; and in default
of payment of the fine and costs, the violator may be sentenced to
imprisonment to the extent allowed by law for the punishment of summary
offenses. Each and every day in which any person, firm or corporation
shall be in violation of this chapter shall constitute a separate
offense.
